Nevada Bill to Make Petition Deadline for Minor Party Petitions Earlier

Nevada Assemblyman Ira Hansen (R-Sparks) has introduced AB 226, which would move the petition deadline for a newly-qualifying party from June to May. Even the existing deadline is constitutionally shaky. In 1992, in Fulani v Lau, a U.S. District Court Judge enjoined the June deadline that existed back then. Afterwards the legislature moved the deadline to July, but years later, they moved it to April.

When the Green Party filed a lawsuit in 2015 against the April deadline, the legislature moved the deadline back to June and the case was dropped.

Seventh Circuit Hears Illinois Libertarian Case Against Full-Slate Law

On February 24, the 7th circuit heard oral argument in Libertarian Party of Illinois v Scholz, 16-1667. The issue is the unique Illinois law that requires newly-qualifying parties, but not old parties, to run a full slate of candidates. The U.S. District Court had struck it down last year and the state had appealed.

The hearing went well for the Libertarian Party. The judges are Frank H. Easterbrook, Michael S. Kanne, and Diane S. Sykes. UPDATE: anyone can listen to the 30-minute oral argument using this link, which is provided by the Seventh Circuit. It gets interesting approximately 13 minutes into the argument.

Green Party and Constitution Party File Ballot Access Case in North Carolina

On February 23, the North Carolina Green and Constitution Parties filed a lawsuit against many aspects of North Carolina’s ballot access laws. North Carolina requires more signatures than any other state for an independent presidential candidate, or the presidential nominee of an unqualified party, to get on the ballot (when the easiest method in each state is compared). Leifert v North Carolina State Board of Elections, m.d., 1:17cv-147. The case is assigned to U.S. District Court Judge William Osteen, a Bush Jr. appointee.

There are now constitutional ballot access cases filed by minor parties or independent candidates in 17 states: Alabama, Arizona, Arkansas, California, Georgia, Illinois, Maine, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Virginia, and Washington.

Indiana State Court Rules Election Officials Acted Properly When They Left Candidate on the Ballot who had Died Four Days Before the Election

On February 8, an Indiana state trial court ruled that Allen County officials did not break any Indiana election law when they left a candidate on the November 8, 2016 ballot, even though he had died four days before the election. See this story. Roy Buskirk was a Republican Party nominee for county council-at-large, and he was re-elected. Because he had died, the Republican Party was permitted to choose his replacement.